Recalling that the indigenous peoples of the Americas
constitute an organized, distinctive and integral segment of their
population and are entitled to be part of the national identities of
the countries of the Americas, and have a special role to play in
strengthening the institutions of the state and in establishing
national unity based on democratic principles; and,

Further recalling that some of the democratic institutions
and concepts embodied in the constitutions of American states
originate from institutions of the indigenous peoples, and that in
many instances their present participatory systems for
decision-making and for authority contribute to improving
democracies in the Americas.

Recalling the need to develop their national juridical
systems to consolidate the pluricultural nature of our societies.

2.Eradication of poverty and the right to development

Concerned about the frequent deprivation afflicting
indigenous peoples of their human rights and fundamental freedoms;
within and outside their communities, as well as the dispossession
of their lands, territories and resources, thus preventing them from
exercising, in particular, their right to development in accordance
with their own traditions, needs and interests.

Recognizing the severe impoverishment afflicting indigenous
peoples in several regions of the Hemisphere and that their living
conditions are generally deplorable.

And recalling that in the Declaration of Principles issued by
the Summit of the Americas in December 1994, the heads of state and
governments declared that in observance of the International Decade
of the World's Indigenous People, they will focus their energies on
improving the exercise of democratic rights and the access to social
services by indigenous peoples and their communities.

3.Indigenous culture and ecology

Recognizing the respect for the environment accorded by the
cultures of indigenous peoples of the Americas, and considering the
special relationship between the indigenous peoples and the
environment, lands, resources and territories on which they live and
their natural resources.

4.Harmonious Relations, Respect and the Absence of
Discrimination

Reaffirming the responsibility of all states and peoples of
the Americas to end racism and racial discrimination, with a view to
establishing harmonious relations and respect among all peoples.

5.Territories and Indigenous Survival

Recognizing that in many indigenous cultures,
traditional collective systems for control and use of land,
territory and resources, including bodies of water and coastal
areas, are a necessary condition for their survival, social
organization, development and their individual and collective
well-being; and that the form of such control and ownership is
varied and distinctive and does not necessarily coincide with the
systems protected by the domestic laws of the states in which they
live.

6.Security and indigenous areas

Reaffirming that the armed forces in indigenous
areas shall restrict themselves to the performance of their
functions and shall not be the cause of abuses or violations of the
rights of indigenous peoples.

7.Human Rights instruments and other advances in international
law

Recognizing the paramouncy and applicability to the states
and peoples of the Americas of the American Declaration of the
Rights and Duties of Man, the American Convention on Human Rights
and other human rights instruments of inter-American and
international law; and

Recognizing that indigenous peoples are a subject of
international law, and mindful of the progress achieved by the
states and indigenous organizations, especially in the sphere of the
United Nations and the International Labor Organization, in several
international instruments, particularly in the ILO Convention 169.

Affirming the principle of the universality and
indivisibility of human rights, and the application of international
human rights to all individuals.

8.Enjoyment of Collective Rights

Recalling the international recognition of rights that can
only be enjoyed when exercised collectively.

9.Advances in the provisions of national instruments

Noting the constitutional, legislative and jurisprudential
advances achieved in the Americas in guaranteeing the rights and
institutions of indigenous peoples.

DECLARE:

I.INTERNATIONAL AUTHORITIES AND PRECEDENTS

1.Draft United Nations Declaration on the Rights of Indigenous Peoples
(UN 1994)

Preamble

Affirming that indigenous peoples are equal in dignity and rights to
all other peoples, while recognizing the right of all peoples to be
different, to consider themselves different, and to be respected as such.

Affirming also that all peoples contribute to the diversity and
richness of civilizations and cultures, which constitute the common heritage
of humankind.

Affirming further that all doctrines, policies and practices based on
or advocating superiority of peoples or individuals on the basis of national
origin, racial, religious, ethnic or cultural differences are racist,
scientifically false, legally invalid, morally condemnable and socially
unjust.

Reaffirming also that indigenous peoples, in the exercise of their
rights, should be free from discrimination of any kind.

Concerned that indigenous peoples have been deprived of their human
rights and fundamental freedoms, resulting, inter
alia, in their colonization and dispossession of their lands,
territories and resources, thus preventing them from exercising, in
particular, their right to development in accordance with their own needs
and interests.

Recognizing the urgent need to respect and promote the inherent
rights and characteristics of indigenous peoples, especially their rights to
their lands, territories and resources, which derive from their political,
economic and social structures and from their cultures, spiritual
traditions, histories and philosophies.

Welcoming the fact that indigenous peoples are organizing themselves
for political, economic, social and cultural enhancement and in order to
bring an end to all forms of discrimination and oppression wherever they
occur.

Convinced that control by indigenous peoples over developments
affecting them and their lands, territories and resources will enable them
to maintain and strengthen their institutions, cultures and traditions, and
to promote their development in accordance with their aspirations and needs.

Recognizing also that respect for indigenous knowledge, cultures and
traditional practices contributes to sustainable and equitable development
and proper management of the environment.

Emphasizing the need for demilitarization of the lands and
territories of indigenous peoples, which will contribute to peace, economic
and social progress and development, understanding and friendly relations
among nations and peoples of the world.

Recognizing in particular the right of indigenous families and
communities to retain shared responsibility for the upbringing, training,
education and well-being of their children.

Recognizing also that indigenous peoples have the right freely to
determine their relationship with States in a spirit of coexistence, mutual
benefit and full respect.

Considering that treaties, agreements and other arrangements between
States and indigenous peoples are properly matters of international concern
and responsibility.

Acknowledging that the Charter of the United Nations, the
International Covenant on Economic, Social and Cultural Rights and the
International Covenant on Civil and Political Rights affirm the fundamental
importance of the right of self-determination of all peoples, by virtue of
which they freely determine their political status and freely pursue their
economic, social and cultural development.

Bearing in mind that nothing in this Declaration may be used to deny
any peoples their right of self-determination.

Encouraging States to comply with and effectively implement all
international instruments, in particular those related to human rights, as
they apply to indigenous peoples, in consultation and cooperation with the
peoples concerned.

Emphasizing that the United Nations has an important and continuing
role to play in promoting and protecting the rights of indigenous peoples.

Believing that this Declaration is a further important step forward
for the recognition, promotion and protection of the rights and freedoms of
indigenous peoples and in the development of relevant activities of the
United Nations system in this field.

Solemnly proclaims the following United Nations Declaration on the
Rights of Indigenous Peoples.

The General Conference of the International Labor Organization,
Having been convened at Geneva by the Governing Body of the International
Labor Office, and having met in its 76th Session on 7 June 1989, and

Noting the international standards contained in the Indigenous and
Tribal Populations Convention and Recommendation, 1957, and

Recalling the terms of the Universal Declaration of Human Rights the
International Covenant on Economic, Social and Cultural Rights the
International Covenant on Civil and Political Rights, and the many
international instruments on the prevention of discrimination and

Considering that the developments which have taken place in
international law since 1957, as well as developments in the situation of
indigenous and tribal peoples in all regions of the world, have made it
appropriate to adopt new international standards on the subject with a view
to removing the assimilationist orientation of the earlier standards, and

Recognizing the aspirations of these peoples to exercise control over
their own institutions, ways of life and economic development and to
maintain and develop their identities, languages and religions, within the
framework of the States in which they live and

Noting that in many parts of the world these peoples are unable to
enjoy their fundamental human rights to the same degree as the rest of the
population of the States within which they live, and that their laws,
values, customs and perspectives have often been eroded, and

Calling attention to the distinctive contributions of indigenous and
tribal peoples to the cultural diversity and social and ecological harmony
of humankind and to international co-operation and understanding, and

Noting that the following provisions have been framed with the
co-operation of the United Nations, the Food and Agriculture Organization of
the United Nations, the United Nations Educational Scientific and Cultural
Organization and the World Health Organization, as well as of the
Inter-American Indian Institute, at appropriate levels and in their
respective fields, and that it is proposed to continue this co-operation in
promoting and securing the application of these provisions, and

Having decided upon the adoption of certain proposals with regard to
the partial revision of the Indigenous and Tribal Populations Convention,
1957 (No. 107), which is the fourth item on the agenda of the session, and

Having determined that these proposals shall take the form of an
international Convention revising the Indigenous and Tribal Populations
Convention, 1957; adopts the twenty-seventh day of June of the year one
thousand nine hundred and eighty-nine, the following Convention, which may
be cited as the Indigenous and Tribal Peoples Convention, 1989

On
distinctiveness

a. recognize and respect
indigenous distinct culture, history, language and way of life as an
enrichment of the State's cultural identity and to promote its
preservation."

4.Copenhagen Declaration on Social Development and Programme of Action
of the World Summit for Social Development (Copenhagen, Denmark, March 6-12,
1995). UN.

Annex
II:Programme of Action of the
World Summit for Social Development Content. Chapter IV. Social Integration

"Basis for action and
objectives....67. Nevertheless, progress has been noted, as shown in the
continuation of the ongoing process of decolonization; the elimination of
apartheid; the spread of democracy; wider recognition of the need to respect
human dignity, all human rights and fundamental freedoms and cultural
diversity; the unacceptability of discrimination; increasing recognition of
the unique concerns of indigenous people in the world;..."

On
Collective Rights plus

5.Draft United Nations Declaration on the Rights of Indigenous Peoples
(UN 1994)

Article
11:

"Indigenous peoples have the
right to special protection and security in periods of armed conflict.
States shall observe international standards, in particular the Fourth
Geneva Convention of 1949, for the protection of civilian populations in
circumstances of emergency and armed conflict, and shall not:

a.recruit indigenous
individuals against their will into the armed forces and, in particular, for
use against other indigenous peoples;

b.recruit indigenous
children into the armed forces under any circumstances;

c.force indigenous
individuals to abandon their lands, territories or means of subsistence, or
relocate them in special centers for military purposes;

d.force indigenous
individuals to work for military purposes under any discriminatory
conditions."

Article
11: "The exaction from members of the peoples concerned of compulsory
personal services in any form, whether paid or unpaid, shall be prohibited
and punishable by law, except in cases prescribed by law for all
citizens."

Article 23:

1."Handicrafts,
rural and community-based industries, and subsistence economy and
traditional activities of the peoples concerned, such as hunting, fishing,
trapping and gathering, shall be recognized as important factors in the
maintenance of their cultures and in their economic self-reliance and
development. Governments shall, with the participation of these people and
whenever appropriate, ensure that these activities are strengthened and
promoted.

2.Upon the request of
the peoples concerned, appropriate technical and financial assistance shall
be provided wherever possible, taking into account the traditional
technologies and cultural characteristics of these peoples, as well as the
importance of sustainable and equitable development."

7.International Covenant on Civil and Political Rights (UN 1966)

Article
27: “In those States in which ethnic, religious or linguistic minorities
exist, persons belonging to such minorities shall not be denied the right,
in community with the other members of their group, to enjoy their own
culture, to profess and practice their own religion, or to use their own
language.”

8.International Convention on the Elimination of all Forms of Racial
Discrimination (UN 1965)

Article 5: "State Parties
undertake to prohibit and to eliminate racial discrimination, notably in the
enjoyment of the following rights: (d)(v)
The right to own property alone as well as association with others."

9.Universal Declaration of Human Rights (UN 1948)

Article 17(1): “Everyone has
the right to own property alone as well as in association with others.”

Article 27(1): “Everyone has
duties to the community in which alone the free and full development of his
personality is possible”

10.Declaration on the Rights of Persons Belonging to National or Ethnic
Religious or Linguistic Minorities (UN 1990)

Article 3(1): “Personsbelonging to minorities may exercise their rights including those set
forth in the present Declaration individually, as well as in community with
other members of their group, without any discrimination.”

11.African Charter on Human and
Peoples` Rights (Banjul Charter 1981)

Article
22(1): "All peoples shall have the right to their economic, social, and
cultural development with due regard to their freedom and identity and in
the equal enjoyment of the common heritage of mankind."

12.International Convention on the Elimination of All Forms of Racial
Discrimination (UN 1965)

Article
2(2): "States Parties shall take special and concrete measures to
ensure the adequate development and protection of certain racial groups or
individuals belonging to them, for the purpose of guaranteeing the full and
equal enjoyment of human rights and fundamental freedoms.These measures shall in no case entail as a consequence the
maintenance of unequal or separate rights for different racial groups after
the objective for which they were taken have been achieved."

Article 5: "State Parties
undertake to prohibit and to eliminate racial discrimination, notably in the
enjoyment of the following rights: (d)(v)The right to own property alonewell as association with others."

On
poverty

13.International
Covenant on Economic, Social and Cultural Rights (UN 1966)

Article
11(2): “The State Parties to the present Covenant, recognizing the
fundamental right of everyone to be free from hunger, shall take, individual
and through international co-operation, the measures, including specific
programmes, which are needed: (a) to improve methods of production,
conservation and distribution of food..."

14.Alliance for Sustainable Development documents signed by the
Presidents of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and
Panama and a Representative of the Prime Minister of Belize, at the Central
American Ecological Summit for Sustainable Development in Managua,
Nicaragua, (October 12, 1994)

Basis
of the Alliance for Sustainable Development:

2.Social and Cultural
Development: The major social challenge is to overcome extreme poverty in
the countries. Poverty is not only a manifestation of serious backwardness
but also one of inequality, which is an obstacle to harmonious conciliation
and national integration and is a potential threat to democratic coexistence
and firm and lasting peace."

“WHEREAS
the Parties intend their relationship to be based on a new approach to
mutual recognition and sharing, and to achieve this mutual recognition and
sharing by agreeing on rights, rather than by the extinguishment of rights;
and

WHEREAS the Parties intend that
this Agreement will provide certainty with respect to Nisga'a ownership and
use of lands and resources, and the relationship of federal, provincial and
Nisga'a laws, within the Nass Area.”

21.United States

Presidential Memo of January 18, 2001. “Guidance for U.S.
to the U.N. Commission on Human Rights, the Commission’s Working Group on
the UN Draft Declaration on Indigenous Rights and to the OAS Working Group
on the similar OAS Draft Declaration, and the Preparatory Meetings on the UN
World Conference Against Racism…”U.S.
Secretary of State, Washington D.C.

International human rights
instruments generally recognize the rights of individuals.We accept, however, that some collective rights are appropriate for
indigenous communities.

We believe collective and
individual rights can coexist in the indigenous context without underminig
the individual rights that are firmly rooted in international human rights
law. In general, when considering how best to express our position in human
rights instruments, the US has used the phrase individuals in community with
others.This formula clearly
recognizes the collective aspect of some human rights while at the same time
protects the rights of the individual.US domestic law recognizes collective rights for native americans,
alaskan natives, and native hawaiians, and in the domestic indigenous
context.Collective rights are
viewed as furthering the rights of individuals.

On
Poverty

21.Canada

-
Royal Commission on Aboriginal Peoples

Volume
4 Ch 7 s.6.4-s.7

“Finally, the information
presented in this section highlights the poverty, high dependency ratios and
disadvantaged labour market position of urban Aboriginal residents and the
particular plight of Aboriginal women living in urban areas. At the same
time, socio-economic characteristics do vary widely between urban areas, so
that Aboriginal people in different areas have distinct needs and
priorities. Their aspirations and capacity to consider and implement
self-government will also differ.

These factors suggest that while
some initiatives should focus on providing immediate relief, others require
more long-term planning and implementation strategies. The varying capacity
of urban Aboriginal populations also suggests that information, strategies
and experience relating to governance should be shared so that each
community is not required to bear the entire burden of developing its own
approaches to self-government and the provision of services.”

Vol. 3 Ch 3 s 1.4 Part 1

“We conclude that poverty among
Aboriginal people is a serious health issue. Its negative health effects
will persist if social assistance is maintained at its present levels and in
its present form. They will increase if social assistance is reduced without
realistic alternatives.”

Vol. 5 Ch 1 s1-2.3

“The best forms of interim
relief combine a high degree of protection for a portion of the territory,
institutions for the co-management of critical resources in the territory,
and financing for Aboriginal people in the form of a share of resource
revenues.”

- Royal Commission on Aboriginal Rights, Vol. 2 Ch 3 s.2.3 Part 1

“To summarize, under the common
law doctrine of Aboriginal rights, Aboriginal peoples have an inherent right
to govern themselves within Canada. This right is inherent in that it
originates from the collective lives and traditions of these peoples
themselves rather than from the Crown or Parliament.”

On
distinctiveness

22.Nicaragua

Constitution
ofNicaragua

Article
8: “The people of Nicaragua are multi-ethnic and are an integral part of
the Central American nation.”

“The Canadian Charter of Rights
and Freedoms applies to Aboriginal governments and regulates relations with
individuals falling within their jurisdiction. However, under section 25,
the Charter must be given a flexible interpretation that takes account of
the distinctive philosophies, traditions and cultural practices of
Aboriginal peoples.”

Vol. 2 Ch 4 s. 6 to s. 6. 2

“With
respect to claims of Aboriginal rights to engage in particular practices and
activities associated with lands and resources, the courts have noted that
such rights are collective and protect integral aspects of Aboriginal
identity. Like the communities in which they are exercised, Aboriginal
rights are not frozen in time, but instead evolve with the changing needs,
customs and lifestyles of Aboriginal peoples.”